A judge has dismissed a request to dismiss a €60,000 personal damages claim by a Co. Clare mother before evidence is heard in the case.
At Ennis Circuit Court, Jack Nicholas BL made the request to Judge Colin Daly after the judge found that Caroline Sherlock of Carrowgar, Lahinch, was not in a car with her family when she crashed into a car driven by Gaelscoil manager, Deirdre Ui Mhaile, at Moy near Lahinch in 2014.
Ms Sherlock filed a personal injury claim against Ms Ui Mhaile following the accident and Judge Daly found that on a balance of probabilities Ms Sherlock was not in the car at the time she kicked her out. husband, John Sherlock’s own personal injury claim of €60,000 against Mrs Ui Mhaile following the accident.
Ms Sherlock was a witness in that case where she was adamant she was in the car and Judge Daly dismissed John Sherlock’s claim after finding he was “a less than reliable witness”.
In evidence in John Sherlock’s personal injury action, Ms Ui Mhaile said Caroline Sherlock “was not in the car”. “Ms Sherlock was not in the front seat of the car at any time,” Ms Ui Mhaile told the court.
She also told the court: “Mr. Sherlock is the one who hit me. I was not hurt. I didn’t think the impact was so severe that it could have caused injury.”
Following the road accident, the Sherlocks’ five children each brought personal injury claims against Ms Ui Mhaile’s insurer and those cases have been adjourned pending evidence. heard.
Addressing Judge Daly to have Ms Sherlock’s case dismissed, Mr Nicholas said that having determined the issue that Ms Sherlock was not in the car at the time of the accident, it would be unnecessary and would constitute an abuse of process to pursue his personal injury case. .
However, Ms Sherlock’s solicitor, Lorcan Connolly BL, said his client had a right to uphold his reputation as another court might come to a different conclusion.
Mr Connolly said the issue of Ms Sherlock being in the car is something that needs to be addressed. He said: “I don’t think a court can make a decision against anybody on a balance of probabilities, which amounts to a statement that Caroline Sherlock perjured herself in the John Sherlock case.”
Mr Connolly pointed out that Caroline Sherlock was only a witness in the John Sherlock case. Mr Connolly said Mrs Sherlock, in her own personal injury action, could call evidence from her children who were in the car saying “Yes, Mammy was in the car that morning to go to the school”.
He said Ms Sherlock could present medical evidence that the doctor had examined her and whose objective medical evidence supported his version of events that she had been involved in an accident the day before or two days before.
Mr Connolly said: ‘These are all matters that were not considered in her husband’s case for obvious reasons as she was only a witness in the case.’
“It would be a mistake, Judge, to exclude her and ultimately if she doesn’t save the day there will be an order for costs against her. Caroline Sherlock may feel somewhat aggrieved that she did not get all of her evidence or her whole story through and she can be dropped by the court system and no one should feel that way.”
Judge Daly dismissed Mr Nicholas’ request and said the Caroline Sherlock case could be adjourned. Judge Daly said it would be best for another judge to hear his case.